TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 611 Fair Work Act 2009 – application for an unfair dismissal remedy dismissed [[2016] FWC 1029] – respondent made application for costs – alleged that applicant’s unreasonable refusal to accept that he had not been dismissed caused it to incur costs – applicant appealed decision at first instance – Full Bench refused permission to appeal [[2016] FWCFB 2642] – respondent submitted applicant made no genuine attempt to engage in settlement negotiations and sought the payment of monies in excess of the Commission’s jurisdiction – mere fact that applicant unsuccessful in establishing he was dismissed does not mean his non-acceptance of the offer of settlement was unreasonable [Roy Morgan Research Ltd v Baker] – often difficult to determine when a casual employee’s employment is in fact terminated – applicant given one day to respond to settlement offer – Commission held decision to not settle his claim was not unreasonable given the very limited period of time given – found non-acceptance of the offer of settlement not unreasonable – necessary prerequisites for making a cost order have not been satisfied – application for costs dismissed. Kim v ORC International P/L
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